ECLIPSE MFG. CO. v. U.S. COMPLIANCE CO.

No. 2-06-0825, 2-06-0889.

886 N.E.2d 349 (2008)

ECLIPSE MANUFACTURING COMPANY, an Illinois Corporation, Individually and on Behalf of Members of a Certified Class, as Assignee, Plaintiff and Third-Party Citation Petitioner-Appellee and Cross-Appellant, v. UNITED STATES COMPLIANCE COMPANY, d/b/a United States Compliance Corporation, a Minnesota Corporation, Defendant (Hartford Casualty Insurance Company, an Indiana Corporation, Third-Party Citation Respondent-Appellant and Cross-Appellee).

Appellate Court of Illinois, Second District.

Petition for Rehearing Withdrawn March 14, 2008.


Attorney(s) appearing for the Case

Daniel G. Litchfield, Patrick J. Sullivan, William J. Perry, Litchfield Cavo LLP, Chicago, for Appellant.

Brian J. Wanca, Steven A. Smith, Anderson & Wanca, Rolling Meadows, Phillip A. Bock, Robert M. Hatch, Diab & Bock, LLC, Chicago, for Eclipse Manufacturing Co.


Justice BYRNE delivered the opinion of the court:

Eclipse Manufacturing Company (Eclipse) filed a class action suit against United States Compliance Company (U.S. Compliance) in Lake County circuit court. The three-count complaint was based on the allegation that U.S. Compliance had faxed advertisements to Eclipse and other businesses without first obtaining their permission. U.S. Compliance had previously purchased commercial general liability insurance policies...

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